Rideshare companies like Uber and Lyft are more popular than ever, providing a fast and convenient way to get from one place to another. However, as these companies have grown, so has the number of accidents. Although rideshare vehicles are the same as any others that are involved in a typical crash, the rules concerning liability and insurance are different. Proving fault can be a challenge, which is why you need a dedicated rideshare accident lawyer to advocate for you. Rikard & Protopapas is here to stand up for your legal rights.
Establishing Fault in Rideshare Accidents
Uber and Lyft accidents are similar in many ways to standard automobile collisions. An individual works as an independent contractor for the rideshare company by agreeing to transport people using their private vehicle. For this reason, the same types of causes behind car accidents in general are often found in rideshare accidents.
It is up to the victim to prove that the driver or some third party (such as another motorist) was at fault for the crash. Here are a few examples of negligent behavior that can cause an accident:
- Texting while driving: Texting while driving is illegal in South Carolina, but it remains a common cause of motor vehicle crashes. Whether it’s the rideshare driver or another motorist, evidence of texting or other cell phone use at the time of the wreck will point strongly to liability.
- Driving under the influence: Any motorist who drives under the influence of drugs or alcohol and causes an accident can be held responsible for the victim’s injuries. This applies even if the drug in question was a prescription medication.
- Speeding and other traffic violations: All drivers are required to obey the speed limit, follow traffic signals and signs, and avoid reckless driving behaviors. Similarly, motorists should adjust their driving to meet environmental conditions such as poor weather.
- Third-party, non-motorist causes: There are a number of third parties, besides the drivers, who might be considered at fault. Depending on the circumstances, these may include bars or restaurants that serve drivers too much alcohol, vehicle manufacturers who designed and built defective automobiles, and others.
Steps to Take Immediately After a Rideshare Accident
If you’ve been in a rideshare wreck, your next decisions could impact your health and legal rights. We recommend doing the following:
- Get to safety and seek medical attention: Get away from the flow of traffic and seek medical attention for yourself and any passengers. Even if you don’t believe that you’ve been injured or that your injuries are minor, it’s critical to your health and legal claim that you see a doctor.
- Call 911 to report the accident: A law enforcement officer will come to the scene to make an accident report that documents basic facts about the crash. This report is an important piece of evidence that will help you claim damages later.
- Start gathering evidence: You can begin documenting evidence at the accident scene by taking pictures, recording video, and obtaining all driver’s licenses, tags, and insurance information. Talk to any witnesses who observed what happened and make your own personal notes as well.
- Communicate with the rideshare company: File an Uber injury claim (or a claim with Lyft, etc.). As discussed below, rideshare companies have a claims process to help you win compensation.
- Speak with a rideshare accident attorney: You will want to provide the details of your accident to an attorney who is experienced handling Uber and Lyft accident cases. Our firm can help.
Challenges in Uber & Lyft Accident Cases
Uber and Lyft wrecks are somewhat more challenging than typical vehicle collisions because of unique situations that include:
- Drivers as independent contractors: Rideshare companies consider their drivers to be independent contractors, not employees, which means they often attempt to distance themselves from negligent rideshare drivers. However, this does not always shield these businesses from responsibility.
- Insurance considerations: Uber and other rideshare businesses do provide insurance coverage, but the claims process can be complicated. Whether the rideshare company’s insurance policy or the driver’s insurance policy applies will depend on the specific facts of the accident, including what exactly the driver was doing at the time.
- Fault and comparative negligence: Proving fault is always complicated, including in rideshare accidents. Moreover, if the victim was somehow negligent for his or her own injuries, the amount of available compensation might be reduced.
The Role of a Rideshare Accident Lawyer
Retaining a rideshare accident attorney is essential to protecting your rights and helping you win the maximum amount of compensation. Our law firm can assist with the following, among other matters:
- Investigating the accident: We thoroughly investigate rideshare accidents to determine who may be held liable and to gather evidence. If filing a lawsuit is necessary we can use a formal process known as discovery to compel other parties in the case to turn over evidence.
- Working with insurance: Most car accident cases are settled out of court because the at-fault parties’ insurance companies would rather avoid trial. We can negotiate with the insurance companies, including those that insure Uber or Lyft, to seek a fair settlement.
- Refuting claims of comparative negligence: In the event that the at-fault party attempts to shift blame for the accident to you, we will work to refute claims that you were negligent. Our goal is to maximize your damages by placing blame squarely on the parties that caused your wreck.
- Going to trial, if necessary: Although most rideshare claims settle without the need for a trial, sometimes court is a last option for accident victims. We are experienced litigators who understand the various trial rules (e.g. civil procedure) and what it takes to build a compelling legal case.
Contact Our Columbia, SC Rideshare Accident Attorney
After being in a rideshare accident, you could be faced with substantial medical bills, lost time from work, pain and suffering, and other damages. Our mission is to win you the compensation you need to recover from your injuries and move on with your life. Count on the attorneys of Rikard & Protopapas to help with your Lyft or Uber injury claim. Call today to get started.